July 1, 2001
L.A. Loves a Loophole
There's no getting around it...
N.C. Requires Telecom Certification for Electric Utilities
The North Carolina Utilities Commission (NCUC) has ruled that electric utilities who plan to market excess capacity via their own fiber-optic telecommunications facilities must either obtain certification as an interexchange telecommunications carrier or form a separate subsidiary that obtains such certification. The NCUC noted that interexchange certification was sufficient because competitive local exchange service was not currently authorized in the state. It rejected Carolina Power & Light Co.'s argument that leasing excess dark-fiber capacity did not constitute provision of telecommunications services to the public. The NCUC cited Duke Power Co.'s recent formation of DukeNet Communications, Inc. as an example of an appropriate response by electric utilities seeking to lease excess capacity on fiber-optic facilities. Re Provision of Telecommunications Services by Carolina Power & Light Co., Docket No. E-2, Sub 663, Feb. 13, 1995 (N.C.U.C.).
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